Overstatement ? Not at all. I know that Kagan will have no effect on the 'balance' of the court.
( What is with all this 'balance' crap anyway? I thought SCOTUS judges were supposed to follow the Constitution..period.. But I digress)
Kagan will do nothing to change the slim 5-4 majority that upholds the absurd Roe V Wade decision that mandates National abortion policy.
But if the rest of scotus lineup remains the same, and the judge who replaces Anthony Kennedy is an Originalist , Roe v Wade is history, as is EPA v Massachusetts and all the other nonsense that Kennedy joined the majority on days he felt like being an Activist.
And Kennedy has indicated he will retire during the tenure of the next president.
Do you think that Schumer and Leahy and Whitehouse and all the rest of the Leftists in the Senate won't use the filibuster to stop the nomination of the person that will flush the crown jewel of liberalism (roe v wade) down the toilet?
Are you kidding? Those clowns will incite riots, use human shields and get themselves arrested before they vote for cloture on the person that will overturn Roe v Wade..
That is why the only option is to filibuster Kagan and demand the Dems agree to change senate rules to allow for a simple majority for Judicial appointments.
Anything short of that is essentially a vote to uphold Roe v Wade...